Murder hearing begins for sergeant accused of Afghanistan massacre
SEATTLE – The U.S. soldier accused of carrying out one of the worst atrocities of the Iraq and Afghanistan wars is due to appear in a military courtroom today, where prosecutors will for the first time lay out their case that he slaughtered 16 people, including children, during a predawn raid on two villages in the Taliban’s heartland.
Staff Sgt. Robert Bales, a married father of two from Lake Tapps, Wash., is accused of slipping away from a remote outpost in southern Afghanistan early on March 11 with an M-4 rifle outfitted with a grenade launcher to attack the villages of Balandi and Alkozai, in the dangerous Panjwai district of Kandahar Province.
The massacre left 16 dead – nine of them children, and 11 of them members of the same family. Six others were wounded, and some of the bodies set afire.
Today marks the start of a preliminary hearing, called an Article 32 hearing, before an investigative officer charged with recommending whether Bales’ case should proceed to a court-martial. The hearing is scheduled to run as long as two weeks, and part of it will be held overnight to allow video testimony from witnesses in Afghanistan.
“This hearing is important for all of us in terms of learning what the government can actually prove,” said Bales attorney John Henry Browne. “The defense’s job is to get as much information as possible. That’s what our goal is, in preparation for what is certainly going to be a court martial.”
Bales, 39, is an Ohio native who joined the Army in late 2001 – after the 9/11 attacks – as his career as a stockbroker imploded. He was serving his fourth combat tour after three stints in Iraq.
Another of his civilian attorneys, Emma Scanlan, spent the past week at Joint Base Lewis-McChord to prepare for the hearing. She declined to say to what extent the lawyers hope to elicit testimony that could be used to support a mental-health defense.
Scanlan said she expects them “to try to narrow the issues to the events of 10 March and 11 March,” but added, “We believe it’s much broader than that.”
One thing is clear: Bales himself will not make any statements, his lawyers said, because they don’t think he would have anything to gain by it. During Article 32 hearings, defendants have the right to make sworn or unsworn statements. Making a sworn statement opens the defendant to cross-examination by the prosecutors.
No motive has emerged. Bales’ wife, Karilyn, who plans to attend the hearing, had complained about financial difficulties on her blog in the year before the killings, and she had noted that Bales was disappointed at being passed over for a promotion.
Browne described those stresses as garden-variety – nothing that would prompt such a massacre – and has also said, without elaborating, that Bales suffered a traumatic incident during his second Iraq tour that triggered “tremendous depression.”
The hearing will also feature the airing, for the first time publicly, of a surveillance blimp video that depicts Bales returning to Camp Belambay and surrendering.
Testimony from witnesses, including an estimated 10 to 15 Afghans, could also help fill in many of the details about how prosecutors believe Bales carried out the attack.